Harlingen, TX asked in Family Law and Elder Law for Texas

Q: Thank you for responding. I haven't backed spoke to his doctor while all of his doctors for that matter.

There is also a medical I have a medical documentation in the file as well. My father has become so combative and on rational that even if he was summonsed to go to the DPS office for acquire driver test he wouldn't do it. His primary doctor basically won't see him only under the required visits by Medicare and even so the doctor does not command it's just the nurse to refill his medications or they just call them in. And my dad's paranoia he believes that they are out to get him and don't want to cooperate or see him. My opinion is is they don't want to care for him because he won't listen to them about the drinking. His cardiologist basically told him there's nothing they can do for him and less he stops drinking as well. I'm an only child and I live almost 5 hours away from him and he lives by himself taking his keys for him wouldn't do any good. So what can I do to have him medically evaluated, treated and/or held for a medical intervention for lack of better words?

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Although consent is presumed in an emergency, in other circumstances any adult has the right to refuse medical treatment.

A Mental Health Warrant can be sought if someone is, for example, holed up with weapons and claiming that "they" are out to get him or her (be "they" aliens or the government.) That does not appear to be the situation here.

Police can transport an apparently mentally ill person to an ER with a view toward an evaluation. Here, it is not clear that your father would be seen as mentally ill: depending on how he presents, his words and behavior might be seen as the result of inebriation.

If, however, your father's physician will complete a Physician's Certificate of Medical Examination stating that he is medically incompetent per the form, you can hire a local Approved Guardianship Attorney and seek to place him under guardianship. A guardian of the person can typically determine residence. If you are appointed guardian of your father's person, you can attempt to place him in a nursing home where he would not have access to fire arms or alcohol and would be encouraged, though not required, to accept medical treatment.

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